Danfer

Danfer v. Birdsell

Good Law
156 F. App'x 988
United States Court of Appeals for the Ninth CircuitDecember 13, 2005No. 04-15847. D.C. Nos. CV-03-01026-JAT, 99-699California320 words

Opinion

Lead Opinion

MEMORANDUM **

Ethan Ion Danfer appeals pro se the district court’s order affirming the bankruptcy court’s orders dismissing his third-party complaint and granting default judgment in favor of the Trustee. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo issues regarding a bankruptcy court’s jurisdiction. See Mantz v. Ca. Bd. Of Equalization (In re Mantz), 343 F.3d 1207, 1211 (9th Cir.2003). We review for abuse of discretion the bankruptcy court’s ruling on a motion to set aside default judgment. Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir.1996). We affirm.

The district court properly held that the bankruptcy court had jurisdiction to rule on preliminary matters relating to the third-party complaint Danfer initially filed in the bankruptcy court. See In re Aquaslide ‘N’ Dive Corp., 85 B.R. 545, 549 (B.A.P. 9th Cir.1987) (holding that a bankruptcy court has power to disallow legally deficient claims, even if they allege personal injury).

The district court properly held that the bankruptcy court did not violate Danfer’s constitutional rights by entering a default judgment against him because Danfer had been given multiple opportunities and warnings to…

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